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2026 DAILYLAW 8385 (GAU)

SRI KAJAL CHANDRA DEBNATH v. THE STATE OF ASSAM AND ANR

AB/1321/2026 · 2026-06-17

Mitali Thakuria

body2026

Judgment text

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Page No.# 1/4 GAHC010120302026 2026:GAU-AS:8766 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1321/2026 SRI KAJAL CHANDRA DEBNATH SON OF LATE UPENDRA DEBNATH, RESIDENT OF HOUSE NO. 34A, BYE LANE-1, KALI MANDIR PATH, BASISTHA NAGAR, BANGALI BASTI, BASISTHA, DISTRICT KAMRUP(M) ASSAM, PIN 781029. PH. NO. 9957778389(M). VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:THE COMMISSIONER OF POLICE BANGALORE CITY 2 ALI ASKER ROAD VASANTH NAGAR BENGALURU KARNATAKA PIN 560001. Advocate for the Petitioner : MR. S N TAMULI, MS. A BEGUM,C GOGOI,MS P DEKA Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 18.06.2026. Page No.# 2/4 Heard Mr. S.N. Tamuli, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, the learned Addl. P.P., Assam appearing for the State respondent. 2. This is an application under Section 482 BNSS, 2023 praying for granting transit anticipatory bail to the accused/petitioner, namely, Sri Kajal Chandra Debnath who is apprehending arrest in connection with the FIR Crime No.149 of 2026, registered in the Cyber Crime Police Station, North Division, Bangalore in Karnataka, under Section 318(4) of the BNS, 2023 read with Secton 66(C) & 66(D) of the Information Technology Act, 2000 in order to approach the jurisdictional High Court for regular anticipatory bail. 3. It is submitted by Mr. Tamuli, learned counsel that the present petitioner was a Director of a small company but thereafter he was working with the Assam Skill Development Project and during that relevant point of time, some persons approached him stating that they will provide some fund to his company and with that assurance, they also took the bank details of the present petitioner. But thereafter the petitioner had not any contact with those persons except some phone numbers and subsequently he received a notice under Section 35(3) of the BNSS, from the Cyber Crime Police Station, North Division, Bangalore in Karnataka with a direction to him to appear in the said police station in context with the above referred case. The petitioner is ready and willing to extend his cooperation in the investigation of the said offence, if he is provided with some interim protection in the form of transit anticipatory bail, for 4 (four) weeks so that he can appear before the concerned Police Station as well as before the jurisdictional High Court for his regular anticipatory bail. The learned counsel for the petitioner however submitted that as per the allegation, the account number of the petitioner has been used to deposit some amount of Page No.# 3/4 money which is alleged to have been money siphoned off from the account of the informant. 4. Mr. Parasar, the learned Addl. P.P., Assam submitted in this regard that the offence relates to cyber crime and hence the petitioner may be directed to appear before the jurisdictional Court seeking anticipatory bail/regular bail to that extent and accordingly, he raised objection in allowing the petitioner the privilege of transit anticipatory bail. 5. The Hon’ble Supreme Court in the case of Priya Indoria Vs. State of Karnataka and Ors. reported in (2024) 4 SCC 749, observed in para 96 that – “if a person commits an offence in one State and the FIR is lodged within the jurisdiction where the offence was committed but the accused resides in another State he can approach the Court in the other State and seek transit anticipatory bail of limited duration”. 6. Considering the submissions of the learned counsel for both the sides and also considering the judgment of the Hon’ble Supreme Court in the case of Priya Indoria (Supra) and other aspects of the matter, the present petitioner is accordingly, granted transit interim anticipatory bail till 20 (twenty) days from the date of the order with a direction to appear before the Cyber Crime Police Station, North Division, Bangalore in Karnataka. 7. The protection of this transit interim anticipatory bail shall remain in force till 08.07.2026, enabling the petitioner to approach the competent Court for seeking appropriate relief/bail and also to appear before the Cyber Crime Police Station, North Division, Bangalore in Karnataka. 8. Accordingly, it is provided that in the event of arrest of the accused/petitioner, namely, Sri Kajal Chandra Debnath in connection with the Page No.# 4/4 FIR Crime No.149 of 2026, registered in the Cyber Crime Police Station, North Division, Bangalore in Karnataka, under Section 318(4) of the BNS, 2023 read with Secton 66(C) & 66(D) of the Information Technology Act, 2000, he shall be enlarged on transit interim anticipatory bail on executing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) only with one surety of the like amount to the satisfaction of the arresting authority, subject to the following conditions: (i) that the petitioner shall appear before the Investigating Officer of Cyber Crime Police Station, North Division, Bangalore in Karnataka within 20 (twenty) days; (ii) that the petitioner shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. Case and (iii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer. 9. The order of transit interim anticipatory bail would be stand vacated after 08.07.2026. 10. With the above observation and direction, this pre-arrest bail application stands disposed of. JUDGE Comparing Assistant